NEW BRUNSWICK — A New Brunswick man, whose 2005 murder conviction was overturned last year by an appeals court, has been re-indicted in New Brunswick.

Brian Fowlkes, 32, was indicted today on charges of murder, aggravated assault, unlawful possession of a weapon, possession of a weapon for an unlawful purpose and witness tampering.

Fowlkes was convicted of the May 2004 murder of Hassan Bass in New Brunswick. The state argued during the two-week trial that Fowlkes shot Bass, 24, as revenge for a dispute that took place when both men were in prison.

An appeals court panel overturned the conviction in January 2010, ruling both the trial judge and the prosecutor committed errors that warrant a new trial.

The judges criticized the prosecution’s use of assistant prosecutors as witnesses to help bolster the credibility of one of its witnesses, an inmate who testified while he and Fowlkes were in the Middlesex County jail, Fowlkes confessed to him he had killed Bass.

Bass was shot in the back of the head May 22, 2004, two months after he was released from prison. Police filed murder and weapons charges against Fowlkes after witnesses identified him as the man who shot Bass on Hassart Street near George Street.

Witnesses testified at the trial that two days before the shooting, the two men met, had another fight and that Bass punched Fowlkes in the face. They said Fowlkes, who lived two blocks from the murder scene, came home and told someone that "he won’t get away with this."

The prosecutor’s office could have retried Fowlkes on the original indictment, but chose to supersede or replace it with today’s formal charging, adding the tampering count to it.